Texas 2013 - 83rd Regular

Texas Senate Bill SB659 Compare Versions

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Old	New	Differences
1	1	By: West S.B. No. 659
2	2	(Dutton)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to compliance with certain requirements of programs
8	8	administered by the Texas Department of Housing and Community
9	9	Affairs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2306.6721, Government Code, is
12	12	transferred to Subchapter B, Chapter 2306, Government Code,
13	13	redesignated as Section 2306.0504, Government Code, and amended to
14	14	read as follows:
15	15	Sec. 2306.0504 [2306.6721]. DEBARMENT FROM PROGRAM
16	16	PARTICIPATION. (a) The department shall develop, and the board by
17	17	rule shall adopt, a policy providing for the debarment of a person
18	18	from participation in programs administered by the department [the
19	19	low income housing tax credit program as described by this
20	20	section].
21	21	(b) The department may debar a person from participation in
22	22	a department [the] program on the basis of the person's past failure
23	23	to comply with any condition imposed by the department in the
24	24	administration of its programs [connection with the allocation of
25	25	housing tax credits].
26	26	(c) The department shall debar a person from participation
27	27	in a department [the] program if the person:
28	28	(1) materially or repeatedly violates any condition
29	29	imposed by the department in connection with the administration of
30	30	a department program, including a material or repeated violation of
31	31	a land use restriction agreement regarding a development supported
32	32	with a [allocation of] housing tax credit allocation [credits]; or
33	33	(2) is debarred from participation in federal housing
34	34	programs by the United States Department of Housing and Urban
35	35	Development[; or
36	36	[(3) is in material noncompliance with or has
37	37	repeatedly violated a land use restriction agreement regarding a
38	38	development supported with a housing tax credit allocation].
39	39	(d) A person debarred by the department from participation
40	40	in a department [the] program may appeal the person's debarment to
41	41	the board.
42	42	SECTION 2. Subsection (a), Section 2306.6717, Government
43	43	Code, is amended to read as follows:
44	44	(a) Subject to Section 2306.67041, the department shall
45	45	make the following items available on the department's website:
46	46	(1) as soon as practicable, any proposed application
47	47	submitted through the preapplication process established by this
48	48	subchapter;
49	49	(2) before the 30th day preceding the date of the
50	50	relevant board allocation decision, except as provided by
51	51	Subdivision (3), the entire application, including all supporting
52	52	documents and exhibits, the application log, a scoring sheet
53	53	providing details of the application score, and any other document
54	54	relating to the processing of the application;
55	55	(3) not later than the third working day after the date
56	56	of the relevant determination, the results of each stage of the
57	57	application process, including the results of the application
58	58	scoring and underwriting phases and the allocation phase;
59	59	(4) before the 15th day preceding the date of board
60	60	action on the amendment, notice of an amendment under Section
61	61	2306.6712 and the recommendation of the director and monitor
62	62	regarding the amendment; and
63	63	(5) an appeal filed with the department or board under
64	64	Section 2306.0504 or 2306.6715 [or 2306.6721] and any other
65	65	document relating to the processing of the appeal.
66	66	SECTION 3. Section 2306.6719, Government Code, is amended
67	67	by adding Subsections (c), (d), (e), and (f) to read as follows:
68	68	(c) For a violation other than a violation that poses an
69	69	imminent hazard or threat to health and safety, the department must
70	70	provide the owner of a development with the following periods to
71	71	correct a failure to comply with a condition or law described by
72	72	Subsection (a)(1) or (2):
73	73	(1) 30 days for a failure to file the annual owner's
74	74	compliance report; and
75	75	(2) 90 days for any other failure to comply under this
76	76	section.
77	77	(d) For good cause shown, the executive director may extend
78	78	the periods provided under Subsection (c).
79	79	(e) For purposes of determining eligibility to apply for and
80	80	receive financial assistance from the department, a development may
81	81	not be considered to be in noncompliance with an applicable
82	82	condition or law if the owner of the development takes appropriate
83	83	corrective action during the period provided under Subsection (c).
84	84	(f) Notwithstanding Subsection (e), the department shall:
85	85	(1) submit to the applicable federal agency any report
86	86	required by federal law regarding an owner's noncompliance with a
87	87	condition or law described by Subsection (a)(1) or (2); and
88	88	(2) for purposes of developing and administering the
89	89	policy relating to debarment under Section 2306.0504, consider
90	90	recurring violations of a condition or law described by Subsection
91	91	(a)(1) or (2), including violations that are corrected during the
92	92	applicable period provided under Subsection (c).
93	93	SECTION 4. This Act takes effect September 1, 2013.